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Betrayed
by the Bench
by Larry Pratt, Executive Director, Gun Owners of America.
John Stormer is an amazing author. He has sold over 11 million
books. One, None Dare Call It Conspiracy, sold 7 million. That
was in 1964 when there was no internet, no faxes, no talk shows
for conservatives.
Stormer may have been the first to put a coupon in the back
of the book for additional orders.
So, a new book by John Stormer means we can assume that he has
something else to say.
Indeed he does.
In Betrayed by the Bench, Stormer traces the
lawlessness of somany of today's rulings to the revolt against
the common law that is Christian through and through. The revolt
was led from the Harvard Law School by professors such as its
Dean, Roscoe Pound. The replacement was the tyranny of case
law.
The case law preferred by Pound and his followers allowed them
to slip out from under the constraints of the timeless and universal
precepts foundational to the Common Law. Case law
allows judges to make law.
One of Pound's followers, Chief Justice Charles Evans Hughes,
made this amazing statement: "We are under a constitution,
but the constitution is what we say it is."
Equally as amazing as Hughes' assertion was the failure to impeach
him for violating his oath of office. But as Stormer points
out, the idea of absolutes binding men died in the pulpits before
it
died in the civil realm.
Stormer calls the result of judicial lawmaking an on-going Constitutional
Convention. I would call it a coup d'etat.
This coup has been hard to spot because the judges did not have
a bunch of colonels circling the seat of government with tanks.
We have witnessed a coup by increments , something that is much
harder to detect.
There has been a concerted effort to exclude the Declaration
of Independence from the corpus of binding law. This is a legal
impossibility in view of the nature of the Declaration, it is
a contract much the same as Articles of Incorporation are.
No one is at liberty to unilaterally change the terms of a contract.
Our fourth president, John Quincy Adams, had this to say about
the foundational role of the Declaration for the Constitution
and laws made pursuant to it:
The virtue which had been infused into the Constitution
of the United States was no other than
those abstract principles which had been first proclaimed in
the Declaration of Independence namely the self-evident truths
of the natural and unalienable rights of man and the sovereignt`y
of the people, always subordinate to the rule of right and wrong,
and always responsible to the Supreme Ruler of the universe
for the rightful exerciseof that power. This was the platform
upon which the Constitution of the United States had been erected.
The boldness of the Court's usurpation is somewhat like the
old lineof the crook who is caught in the act exclaiming, "Who
do you believe, me or your lying eyes"?
To give but one example, consider the 14th Amendment. The 39th
Congress expressly stipulated that the Amendment was not designed
to control schools, voting and elections.
Indeed, that was so well understood that the 15th Amendment
was enacted in order to deal with voting.The record of the clear
intent of the framers of the 14th Amendmenthas not stopped the
Supreme Court from inventing the doctrine of incorporation out
of thin air. This has allowed theSupremes to increase consolidation
of power in their own hands (and in the handsof their willing
accomplices in the legislative and the executive branches) in
Washington. This has been done at the expense of the Constitutional
reservation of most governmental powers to the states
and to the people.
Incorporation might be best understood by thinking of it as
incorporating stolen powers. The lack of jurisdiction for many
ofthe Court's decisions is comparable to the city of Paris levying
a tax to be paid by citizens of the United States in the U.S.Incorporation
is now being expanded by a majority (six of the nine justices)
of the Supremes to allow for foreign law as a guide to their
judicial lawmaking. When the Court recently overturned capital
punishment for an 18-year old who had cold-bloodedly murdered
a neighbor when he was just a "child" of 17, Justice
Breyer claimed the support of the murder law in Zimbabwe. Zimbabwe!
The country run by a thug who has proclaimed himself a black
Hitler!
Gun owners should not be surprised when the gun control laws
of some other thugocracy such as Cuba form the basis of a Supreme
rape of the 2nd Amendment. Americans generally should not be
surprised at any unconstitutional notion the Supremes may take
into their heads.
One challenge we face in freeing ourselves from this judicial
tyranny is that they have the benefit of a mind fake that has
us believing that anything, no matter how outrageous, that comes
out of the mouth of a judge is law. Hence we see other government
officials who have all taken the same oath of office to uphold
the Constitution violating their oaths by obeying unconstitutional
edicts of the Supreme Court. This is otherwise known as "upholding
the rule of law." Of course, it is anything but.
Until "We the People" remember that we only gave the
crowd in Washington a very limited amount of power to do only
a very few things, we will continue to be ruled by unelected
and unaccountable politicians wrapped in black robes. |
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